"Fitness Program" means any of the fitness or wellness programs offered by Executive Excellence.

"Participant" means a person who participates, or who is booked to participate, in any Activities (and may be the Client or a person nominated by the Client).

"Questionnaire" means the form titled "Participant Questionnaire" which is attached to these terms and conditions.

"Terrorism" means:

an actual or threatened domestic or international act or acts:

that are violent in nature or are dangerous to human life and that are a violation of the criminal laws of the United States of America or Australia (or of any state or territory of the United States of America or Australia) or that would be a criminal violation if committed within the jurisdiction of the United States of America or Australia (or of any state or territory of the United States of America or Australia) and that have the apparent intent of intimidating or coercing any civilian population or influencing the policy of any government by intimidation or coercion or affecting the conduct of any government by mass destruction, assassination or kidnapping; or

that result in the denial of access to or services from web sites, computer networks or telecommunication equipment or the malfunction or degradation of web sites, computer networks, telecommunications equipment, mechanical equipment or the interruption to the functioning or web sites or such properties and that have the apparent intent of intimidating or coercing any civilian population or influencing the policy of any government by intimidation or coercion, committed by a person or persons acting alone or on behalf of or in connection with any organisation or with the goal of furthering any political, social, religious, ideological or similar objective (including if the act or acts involve chemical or biological weapons, nuclear reaction, nuclear radiation or radioactive contamination); and

action taken to prevent or defend against an act covered by paragraph an actual or threatened domestic or international act or acts:.

"Waiver Form" means the form titled "Risk Responsibility and Waiver Form" which is attached to these terms and conditions.

"War" means war and military action and includes:

war, including undeclared or civil war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), military or usurped power or confiscation, nationalisation, requisition, destruction of or damage to property by or under the order of any government or public or local authority; and

warlike action by military force, including action in hindering or defending against an actual or expected attack by any government, sovereign or other authority using military personnel or agents; and

insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these.

2.Bookings

Executive Excellence may refuse to accept a booking or requested booking by a prospective Client.

A Booking Contract comes into existence when the Client makes a booking which is accepted by Executive Excellence. The Booking Contract is only between Executive Excellence and the Client. A Participant other than the Client cannot enforce the Booking Contract.

The Booking Contract consists of:

these terms and conditions; and

any document issued by Executive Excellence to the Client accepting the booking; and

any document issued by the Client to Executive Excellence to the Client requesting the booking, with any those components higher in the list prevailing or any component lower in the list to the extent of any inconsistency.

The Booking Contract cancels and supersedes any inconsistent information, promise or representation by Executive Excellence given or made to the Client or a Participant before the Booking Contract was entered into. Any term or condition of the Booking Contract that can sensibly be given continued application after the termination or completion of the Booking Contract is to be given that continued application (and this includes, for example, conditions Definitions, Payments, Cancellations, External Events, Liabilities, Privacy and Law and courts of these terms and conditions).

It is not part of the Booking Contract that Executive Excellence gives, or assumes any obligation to give, any professional advice or service for a fee.

Executive Excellence may cancel the Booking Contract at any time before the Deposit has been paid and received in clear funds, without any liability to the Client.

Executive Excellence reserves the right not to accept the Client’s nomination of a Participant. If the Client entering into the Booking Contract is also the sole Participant, the Client cannot nominate a different Participant.

3.Payments

The Client must make all payments to Executive Excellence under the Booking Contract:

at the time specified under the Booking Contract; or

if no time is specified, within 14 days after being invoiced.

Amounts in these terms and conditions, any document relating to a booking and any brochure, proposal or presentation published by Executive Excellence are inclusive of GST unless specifically stated otherwise. The Client will pay to Executive Excellence the amount of any GST on any consideration for a taxable supply under A New Tax System (Goods and Services Tax) Act 1999 at the same time as the Client is required to pay that consideration.

Executive Excellence is not a financial adviser and any information or representation about any financial matter by Executive Excellence (including any about the tax deductibility of any payments by the Client) is general information only. The Client accepts the sole responsibility for finding out the financial consequences of making the booking and will not rely on any information or representative made by Executive Excellence about any financial matter.

4.Cancellations

The Client may cancel the Booking Contract only by written notice to Executive Excellence.

If the Client cancels the Booking Contract, the cancellation fees are: Timing of cancellation Cancellation fees Earlier than 60 days before the departure date for the Activities The Deposit Within 60 days before the departure date for the Activities The Deposit plus 100% of the Balance Fees

If there is more than one Participant under the Booking Contract:

the cancellation may be only with respect to the Participants named in the written notice; and

in that case, the cancellation fees are worked out under condition If the Client cancels the Booking Contract, the cancellation fees are: by reference to the Deposit and Balance Fees payable for the named Participants.

If a Participant does not attend the Activities when they are scheduled to begin, the Client will be taken to have cancelled the Booking Contract with respect to that Participant on the day the Activities were scheduled to begin.

If the Client cancels or is taken to have cancelled the Booking Contract:

Executive Excellence may retain the money paid by the Client to cover the cancellation fee; and

if that is not enough, the Client must pay the balance of the cancellation fee to Executive Excellence.

If the Booking Contract is cancelled with respect to a Participant, Executive Excellence may reinstate the Booking Contract with respect to that Participant on the Client’s request and on the Client paying a $100 handling fee per Participant.

5.Requirements of Participants

A Participant may attend and participate in the Activities only if the Participant:

is at least 18 years old and has full legal capacity (unless Executive Excellence in its discretion agrees otherwise); and

signs the Waiver Form and gives it to Executive Excellence; and

if the Activities comprise or include Adventure Programs or Fitness Programs:

completes the Questionnaire and gives the completed Questionnaire to Executive Excellence; and

does not disclose any adverse medical or other conditions in the completed Questionnaire; and

provides a medical clearance (in a form required by or acceptable to Executive Excellence) from a general medical practitioner; and

provides any vaccination certificates required by Executive Excellence; and

holds valid passports, visas, travel permits, health certificates and all other documentation necessary for lawful departure for and participation in the Activities; and

attends and participates in all briefings, training and presentations required by Executive Excellence before the departure for or commencement of the Activities or any component of the Activities, or if Executive Excellence in its discretion decides to waive any of those requirements not satisfied by the Participant.

If a Participant has not satisfied those requirements when the Activities are scheduled to begin, the Client will be taken to have cancelled the Booking Contract with respect to that Participant on the day the Activities were scheduled to begin.

6.Conduct of Activities

Each Participant must comply with:

these terms and conditions; and

the lawful instructions given by Executive Excellence during, or regarding the conduct of, the Activities.

If the Activities include any canoeing, kayaking, rafting or other water based activity, each Participant must wear lifejackets or personal floatation devices as required by Executive Excellence.

Executive Excellence may expel a Participant from the Activities, and may refuse to allow the Participant to further participate in the Activities, if the Participant:

breaches these terms and conditions in a substantial way; or

disobeys a lawful instruction given by Executive Excellence during, or regarding the conduct of, the Activities, and from the time of the expulsion, Executive Excellence:

has no further obligation under the Booking Contract regarding that Participant; and

has no further liability to the Client (or the Participant); and

is not required to refund to the Client any money paid under the Booking Contract.

Executive Excellence reserves the right to:

change the Activities; and

cancel any component of the Activities; and

substitute a new component of the Activities.

The Client promises Executive Excellence that except as disclosed in the Participant’s completed Questionnaire given to Executive Excellence, each Participant is physically fit and capable of undertaking the Activities.

The Client must advise Executive Excellence in writing of any special requests of any Participant (including dietary requests and health conditions) when making the booking.

Executive Excellence is not obliged to meet any special requests but if it does, the Client must pay to Executive Excellence the resultant costs incurred or anticipated by Executive Excellence before departure or commencement of the Activities (whichever is earlier).

7.External Events

Executive Excellence is not in breach of the Booking Contract if it has not complied with the Booking Contract because of an External Event.

Executive Excellence is not liable to the Client or any Participant for any loss or damage arising because of an External Event.

Executive Excellence may cancel the Booking Contract or vary the Activities if Executive Excellence:

cannot comply with its obligations under the Booking Contract because of an External Event; or

believes, on reasonable grounds, that it is unlikely to be able to comply with those obligations because of an External Event or an anticipated External Event.

Executive Excellence may cancel the Booking Contract or vary the Activities if War or Terrorism is occurring, threatened or anticipated:

in any place where the Activities are intended to be conducted; or

in a place near where the Activities are intended to be conducted; or

in a place from which any Participant is to depart for the Activities; or

in a place through which, or near which, any Participant is to pass in transit to or from the Activities.

If Executive Excellence varies the Activities under condition Executive Excellence may cancel the Booking Contract or vary the Activities if Executive Excellence: or Executive Excellence may cancel the Booking Contract or vary the Activities if War or Terrorism is occurring, threatened or anticipated:, the variation may consist of any one or more of:

the cancellation of any part of the Activities; or

the substitution of any new part of the Activities; or

a change to the place where the Activities are to be conducted; or

a change to the scheduling of the Activities; or

any other variation.

8.Liabilities

As between the Client and Executive Excellence, the Client is liable for any loss or damage suffered by the Client or by a Participant due to:

a breach by the Client of the Booking Contract; or

a breach by the Participant of the requirements of the Booking Contract (regardless of the fact that the Participant may not be a party to the Booking Contract); or

a breach by the Participant of the Participant’s legal obligations to Executive Excellence; or

an External Event; or

anything else for which, if a Participant is under 18 years old or does not have full legal capacity, Executive Excellence would not have been liable under the Waiver Form had that Participant signed the Waiver Form in a way that was legally binding on the Participant.

Executive Excellence is not a carrier and is not liable for injury, death, loss of or damage to property or any other loss or damage suffered by the Client or any Participant in connection with carriage by land, sea or air in connection with the Activities or in transit to or from the Activities.

Executive Excellence may act as a booking agent for hotels, airlines, air charters, bus companies and other parties providing accommodation, transport or other services. Each of those parties is independent of Executive Excellence, which:

has no control over those parties or their agents or employees; and

accepts no responsibility for the acts, omissions or conduct of those parties or their agents or employees.

Except as required by any legislation:

Executive Excellence gives no warranty or guarantee with respect to any product, commodity, article or other thing supplied by Executive Excellence; and

Executive Excellence is not liable for the loss of use of tangible property which has not been physically damage or destroyed resulting from a delay in or lack of performance by or on behalf of Executive Excellence of the Booking Contract or any other contract or agreement between Executive Excellence and the Client or any Participant; and

the Client instead is liable for any loss of use specified in paragraph Executive Excellence is not liable for the loss of use of tangible property which has not been physically damage or destroyed resulting from a delay in or lack of performance by or on behalf of Executive Excellence of the Booking Contract or any other contract or agreement between Executive Excellence and the Client or any Participant; and; and

Executive Excellence is not liable for anything it does under condition External Events.

Some laws, like the Trade Practices Act 1974 in Australia, may create warranties, conditions, rights or remedies, in relation to the supply by Executive Excellence of services or goods, that cannot be excluded, restricted, modified or limited ("Non-Excludable Terms"). To the fullest extent permitted by law, Executive Excellence’s liability for breach of or under a Non-Excludable Term is limited at Executive Excellence’s option to the following:

in the case of services – supplying the services again or paying the cost of having the services supplied again; or

in the case of goods – repairing the goods, supplying equivalent goods or paying the cost of repairing the goods or supplying equivalent goods.

6.Executive Excellence is not liable for indirect, special, economic or consequential loss or damage or loss of revenue, profits, goodwill, bargain or opportunities or loss of anticipated savings that the Client or any Participant incurs or suffers in any way, whether:

Executive Excellence caused it by its negligence; or

Executive Excellence knew or should have known of the possibility of the loss or damage.

7.Executive Excellence’s maximum aggregate liability, whether for breach of the Booking Contract or in negligence or in any other tort or for any other common law, equitable or statutory cause of action or otherwise is the amount the Client has paid to Executive Excellence under the Booking Contract (but this does not apply in the case of a claim that Executive Excellence has caused personal injury or death).

To the extent that the Booking Contract is for the supply of recreational services (as defined in section 74 of the Trade Practices Act 1974), Executive Excellence excludes:

any warranty that the recreational services will be rendered with due care and skill or that any materials supplied in connection with those recreational services will be reasonably fit for the purpose for which they are supplied; and

any right that the Client or any Participant would otherwise have under, or because of a breach of, a warranty covered by paragraph any warranty that the recreational services will be rendered with due care and skill or that any materials supplied in connection with those recreational services will be reasonably fit for the purpose for which they are supplied; and; and

any liability that Executive Excellence would otherwise have under, or because of a breach of, a warranty covered by paragraph any warranty that the recreational services will be rendered with due care and skill or that any materials supplied in connection with those recreational services will be reasonably fit for the purpose for which they are supplied; and, to the extent that the warranty, right or liability would apply to liability for death or personal injury (as defined in section 74 of the Trade Practices Act 1974).

9.The Client indemnifies Executive Excellence against any loss, damage or other liability:

that the Booking Contract makes the Client’s responsibility; or

for which Executive Excellence would otherwise be responsible to a Participant, but which the Booking Contract says Executive Excellence is not liable for.

9.Privacy

Executive Excellence has a privacy policy which may be viewed at Executive Excellence’s website (www.executiveexcellence.com.au) by clicking on the "Privacy Statement" link.

The Client consents to the collection, use and disclosure of any personal information of the Client as contemplated by Executive Excellence’s privacy policy.

The Client also consents to the use by Executive Excellence in any advertising, broadcasting, telecasting or publishing activities of:

any photograph or film taken by or on behalf of Executive Excellence of any Participant; and

any testimonial or endorsement of Executive Excellence or any of its services by the Client or any Participant and of the Client’s name in relation to the use of that testimonial or endorsement.

10.Law and courts

The Booking Contract is governed by the laws applying in Queensland, Australia.

The courts of Queensland and Australia at Brisbane have non-exclusive jurisdiction to hear and determine disputes under the Booking Contract or relating to the legal relationship between Executive Excellence and the Client or any Participant which are within the respective jurisdictions of those courts (as regards the type of relief claimed and the amount involved in the dispute).

The laws of the United States of America and Canada and their respective territories and protectorates do not apply to any claim or action by the Client or any Participant against Executive Excellence arising out of the Booking Contract or the legal relationship between the Client or Participant and Executive Excellence. The courts of the United States of America and Canada do not have jurisdiction to hear or determine any claims or actions arising out of the Booking Contract or the legal relationship between the Client or Participant and Executive Excellence.

RISK RESPONSIBILITY & WAIVER FORM

IMPORTANT RISK WARNING: READ THIS CAREFULLY

By their very nature, the Activities are challenging and demanding and that involves risk. You are participating in the Activities with the expectation of deriving for yourself personal rewards that are outside your ordinary experience. Accompanying that are risks that you will encounter which are also outside your ordinary experience.

The Activities may be hazardous, even under the safest conditions possible. You should expect to encounter dangers and risks including high altitude, difficult or dangerous terrain, extreme weather conditions, sudden changes in weather conditions and political conditions.

The Activities will occur in a harsh and unforgiving environment and will involve physical demands that will be outside most people’s ordinary experience. Any lack of physical condition, health or stamina will add to your risk in participating in the Activities.

Control over elements of the Activities will be in the hands of parties other than Executive Excellence. That could result in inconvenience to you, changes in scheduling or your expectations not being met. Patience and flexibility will be required of you.

During the course of the Activities, you will be at locations which are remote. This means that if you suffer an injury, accident or illness, it might not be possible for you to get immediate or prompt medical attention. Emergency evacuations may be difficult to arrange and there may be delays. Communications with people outside the party undertaking the Activities may be difficult or impossible.

The standard of transport, accommodation, safety, hygiene, cleanliness, medical facilities, communications and infrastructure that you will encounter in course of undertaking (or travelling to or from) any Activities outside Australia may not be of the standard you are used to at home or which you could expect in more developed parts of the world.

Before departing for any overseas Activities, you should satisfy yourself regarding the safety of going to that place. Executive Excellence recommends you consult www.smarttraveller.gov.au.

You participate in the Activities at your own risk.

11.These definitions apply to terms used in this document.

"Activities" means physical activities, including those in any Adventure Program or Fitness Program, offered by Executive Excellence and described in general at the end of this document (but this document is still valid if that has not been completed).

"Fitness Program" means any of the fitness or wellness programs offered by Executive Excellence.

"Participant" means the person named at the end of this document.

12.The Participant enters into this document in consideration of Executive Excellence allowing the Participant to participate in the Activities.

13.The Participant has voluntarily decided to participate in the Activities.

14.The Participant voluntarily assumes all:

inherent risks associated with the Activities (that is, risks of something occurring that can not be avoided by the exercise of reasonable care and skill); and

obvious risks associated with the Activities (risks that, in the circumstances, would have been obvious to a reasonable person in the Participant’s position, even if they have a low probability of occurring); and

15.The Participant will not sue Executive Excellence for any loss, damage or liability (whether in contract, tort, breach of statutory duty or otherwise and whether for personal injury, death, property damage, loss or destruction of property or otherwise) suffered by the Participant as a result of any of the following risks or anything occurring which is a manifestation of any of the following risks:

inherent risks associated with the Activities (that is, risks of something occurring that can not be avoided by the exercise of reasonable care and skill); or

obvious risks associated with the Activities (risks that, in the circumstances, would have been obvious to a reasonable person in the Participant’s position, even if they have a low probability of occurring); or

16.The Participant consents to Executive Excellence administering or arranging for any medical aid or preventative treatment which Executive Excellence considers advisable in its discretion in the event of any injury, accident or illness suffered by the Participant in the course of undertaking the Activities. Executive Excellence will not have any liability to the Participant in relation to any such treatment or its quality or for not administering or arranging any such treatment. The Participant will pay for any such treatment and any evacuation or transport arranged by Executive Excellence in connection with any such treatment.

17.The Participant releases Executive Excellence and will indemnify Executive Excellence against any loss, damage or liability covered by condition The Participant will not sue Executive Excellence for any loss, damage or liability (whether in contract, tort, breach of statutory duty or otherwise and whether for personal injury, death, property damage, loss or destruction of property or otherwise) suffered by the Participant as a result of any of the following risks or anything occurring which is a manifestation of any of the following risks: or The Participant consents to Executive Excellence administering or arranging for any medical aid or preventative treatment which Executive Excellence considers advisable in its discretion in the event of any injury, accident or illness suffered by the Participant in the course of undertaking the Activities. Executive Excellence will not have any liability to the Participant .

18.The Participant agrees to comply with the lawful instructions given by Executive Excellence during, or regarding the conduct of, the Activities.

is at least 18 years old and has full legal capacity (unless disclosed otherwise by the Participant to Executive Excellence in writing before the Participant signed this form or this form is signed on behalf of the Participant by the Participant’s legal guardian); and

has fully and accurately disclosed, or will fully and accurately disclose, to Executive Excellence the information in or called for by any questionnaire completed by the Participant before or after the Participant signs this document; and

will fully and accurately disclose to Executive Excellence if any of the information covered by paragraph has fully and accurately disclosed, or will fully and accurately disclose, to Executive Excellence the information in or called for by any questionnaire completed by the Participant before or after the Participant signs this document; and changes or becomes incomplete, inaccurate or out of date for any reason before the Participant’s participation in the Activities is complete, as soon as that happens.

20.The Participant acknowledges that if the Participant is not the person who has entered into a contract with Executive Excellence under which Executive Excellence is to provide the Activities, the Participant has no contract (other than under this document) with Executive Excellence in relation to the supply of services or goods connected with the Activities.

21.Executive Excellence is not a carrier and is not liable for injury, death, loss of or damage to property or any other loss or damage suffered by the Participant in connection with carriage by land, sea or air in connection with the Activities or in transit to or from the Activities.

22.Except as required by any legislation:

Executive Excellence gives no warranty or guarantee with respect to any product, commodity, article or other thing supplied by Executive Excellence; and

Executive Excellence is not liable for the loss of use of tangible property which has not been physically damage or destroyed resulting from a delay in or lack of performance by or on behalf of Executive Excellence of any legal obligation it owes to the Participant.

23.Some laws, like the Trade Practices Act 1974 in Australia, may create warranties, conditions, rights or remedies, in relation to the supply by Executive Excellence of services or goods, that cannot be excluded, restricted, modified or limited ("Non-Excludable Terms"). To the fullest extent permitted by law, Executive Excellence’s liability for breach of or under a Non-Excludable Term of which the Participant has the benefit is limited at Executive Excellence’s option to the following:

in the case of services – supplying the services again or paying the cost of having the services supplied again; or

in the case of goods – repairing the goods, supplying equivalent goods or paying the cost of repairing the goods or supplying equivalent goods.

24.Executive Excellence is not liable for indirect, special, economic or consequential loss or damage or loss of revenue, profits, goodwill, bargain or opportunities or loss of anticipated savings that the Participant incurs or suffers in any way, whether:

Executive Excellence caused it by its negligence; or

Executive Excellence knew or should have known of the possibility of the loss or damage.

any warranty that the recreational services will be rendered with due care and skill or that any materials supplied in connection with those recreational services will be reasonably fit for the purpose for which they are supplied; and

any right that the Participant would otherwise have under, or because of a breach of, a warranty covered by paragraph any warranty that the recreational services will be rendered with due care and skill or that any materials supplied in connection with those recreational services will be reasonably fit for the purpose for which they are supplied; and; and

any liability that Executive Excellence would otherwise have under, or because of a breach of, a warranty covered by paragraph any warranty that the recreational services will be rendered with due care and skill or that any materials supplied in connection with those recreational services will be reasonably fit for the purpose for which they are supplied; and, to the extent that the warranty, right or liability would apply to liability for death or personal injury (as defined in section 74 of the Trade Practices Act 1974).

26.Executive Excellence has a privacy policy which may be viewed at Executive Excellence’s website (www.executiveexcellence.com.au) by clicking on the "Privacy Statement" link. The Participant consents to the collection, use and disclosure of any personal information of the Participant as contemplated by Executive Excellence’s privacy policy. The Participant also consents to the use by Executive Excellence in any advertising, broadcasting, telecasting or publishing activities of:

any photograph or film taken by or on behalf of Executive Excellence of the Participant; and

any testimonial or endorsement of Executive Excellence or any of its services by the Participant and of the Participant’s name in relation to the use of that testimonial or endorsement.

27.The courts of Queensland and Australia at Brisbane have non-exclusive jurisdiction to hear and determine disputes relating to the legal relationship between Executive Excellence and the Participant which are within the respective jurisdictions of those courts (as regards the type of relief claimed and the amount involved in the dispute).

28.The laws of the United States of America and Canada and their respective territories and protectorates do not apply to any claim or action by the Participant against Executive Excellence arising out of the Booking Contract or the legal relationship between the Participant and Executive Excellence. The courts of the United States of America and Canada do not have jurisdiction to hear or determine any claims or actions arising out of the Booking Contract or the legal relationship between the Participant and Executive Excellence.